Thousand Oaks, CA asked in Consumer Law, Personal Injury, Agricultural Law and Small Claims for California

Q: I found a starfish arm in a can of spring water sardines from trader joes. Can I sue anyone?

4 Lawyer Answers

A: No. You aren't damaged, except for maybe the cost of a can of tuna. On the plus side, there is meat inside starfish arms, which is edible. Don't eat the casing though. That can be poisonous.

A: You have no damages unless you can prove that you weighed the starfish arm, and also weighed the sardines, and are then able to demonstrate that you were shorted some net sardine weight because of the inclusion of the arm.

However, if you ever find a human part, get back to us, fast. And let us know how it tasted.

James L. Arrasmith
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Answered

A: If you have suffered physical harm or injury due to the presence of a foreign object in a product you purchased, you might have grounds to pursue a product liability claim against the manufacturer, distributor, or seller. Consultation with an attorney would be recommended to evaluate the specific circumstances and potential legal options in this situation.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

A: As a practical matter, no, unless you suffered tangible damages. You could consult with an attorney to ask if they see things differently. That's the most definitively way to answer your question. Good luck

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